It’s disclosure day. And no, we’re not talking about the new Steven Spielberg movie. We’re talking about the new legislation in New York State, S.8420-A/A.8887-B, that went into effect last week and requires advertisers to disclose the use of “synthetic performers,” aka performers viewers might think are real people, but are actually AI generated. Signed into law by New York Governor Kathy Hochul last December, the legislation is one of two “common sense laws” requiring transparency for AI use in advertising, Hochul said in a press release at the time. (The other protects the name, image, and likeness of the deceased from commercial use without consent from their “heirs or executors.”) “In New York, we are setting the rules of the road instead of letting AI run the show,” Governor Hochul said in a press release. “Requiring simple, honest disclosure when an ad uses synthetic performers protects consumers, respects our creative workforce and keeps New York at the forefront of responsible innovation.” For marketers, this means that any advertising that runs in the State of New York using AI-generated performers will now require a notice disclosing that use. To be compliant, marketers will also need to disclose the use of AI-generated lead performers, background or extras, as well as use cases like an AI-generated hand model. The bill doesn’t spell out what disclosure should look like or the language marketers need to use, but should ads run without the required disclosures, advertisers could be subject to fines to the tune of $1,000 for the first penalty and $5,000 for subsequent offenses. Marketers see New York as a first mover when it comes to this kind of legislation and expect that other states may adopt similar policies down the line. “We’re just trying to get out ahead of it…ultimately, we have to start thinking about this across the board,” Tyler Smith, head of production for North America at VML, told us. New York’s law may also be a pressure test for marketers when it comes to use of AI-generated performers in ads when it’s now legally required to disclose that use. The new law is also going into effect as audiences indicate some fatigue of AI-generated content, according to a Billion Dollar Boy study covered by Emarketer, which found that consumer enthusiasm for such content was just 26% in 2025, down from 60% who expressed enthusiasm in 2023. Continue reading here.—KM |